PARTY OF RECORD INFORMATION PACKET

Transcription

1 PARTY OF RECORD INFORMATION PACKET THE HILLSBOROUGH COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTED LOBBYING ORDINANCE NO , AS AMENDED. PRIOR TO MEETING PRIVATELY WITH A BOARD MEMBER, COUNTY ATTORNEY, CHIEF ASSISTANT COUNTY ATTORNEY, COUNTY ADMINISTRATOR, ANY ASSISTANT COUNTY ADMINISTRATOR OR ANY DEPARTMENT HEAD, YOU MAY BE REQUIRED TO REGISTER AS A LOBBYIST. (Revised: 12/15/15)

2 PARTY OF RECORD PACKET I. PARTY OF RECORD II III. IV. SUMMARY OF LAND USE HEARING OFFICER PROCESS ADDITIONAL EVIDENCE REQUEST REQUEST FOR ORAL ARGUMENT V. APPENDIX FORM FOR ADDITIONAL EVIDENCE REQUEST AFFIDAVIT FOR SUBMITTAL OF ADDITIONAL EVIDENCE (Testimonial) FORM FOR ORAL ARGUMENT REQUEST G/GIS -team/normasfiles/publications/prtyrec2.pkt.doc (Revised: 12/15/15)

3 IMPORTANT BEFORE FILING ANY OF THE FORMS, CONSULT PROCEDURES IN THE LAND DEVELOPMENT CODE. I. PARTY OF RECORD A. A person who was present at the hearing before the Land Use Hearing Officer (LUHO) and presented either oral testimony or documentary evidence. B. A person who was notified by Proof of Mailing of the hearing before the LUHO. This includes the Designated Representative(s) of the registered Neighborhood Organizations within 1 mile of the site for which the request was made. C. A person who submitted documentary evidence to the master file two (2) business days prior to the LUHO hearing or by proxy during the LUHO hearing. II. SUMMARY OF THE LUHO PROCESS A. The Land Use Hearing The Land Development Code (LDC) requires that a public hearing be conducted on certain land development requests prior to final decision by the Hillsborough County Board of County Commissioners (BOCC). Land Use Hearing Officers (LUHOs) conduct hearings. LUHOs do not make final decisions, but, instead, render recommendations to the BOCC. Final decisions by the BOCC are made at a public meeting governed by the requirements of the LDC. 1. Participants. The participants before the LUHO at the public hearing consist of the applicant, County staff, County agencies, proponents, and opponents, inclusive of the public and witnesses with relevant testimony. Each participant, including the public, however organized, shall be limited in time as below to present its case; however, the LUHO may grant additional time provided that good cause is shown. 2. Presentation. The order of presentation for each petition is as follows: a. Applicant and witnesses; proposal: 15 minutes b. Administrator; summary of the applicant, County staff and department findings: 5 minutes c. Planning Commission staff; statement of compliance or non-compliance: 5 minutes d. Proponents; argument for the application: 15 minutes e. Opponents; argument against the application: 15 minutes f. Staff; amended recommendations, if any: 5 minutes g. Applicant; rebuttal and summation: 5 minutes G/GIS -team/normasfiles/publications/prtyrec2.pkt.doc (Revised: 12/15/15)

4 To the maximum extent possible, the public hearing will be informal. The LUHO's recommendation must be filed with the Clerk of the BOCC within fifteen (15) working days after the conclusion of the public hearing. In no case shall the recommendation be filed later than the last working day within the fifteen (15)-day time frame. Anyone wishing to receive a copy of the recommendation by mail must supply the Clerk of the BOCC with his/her name, address, and a stamped, self-addressed envelope for that purpose. B. BOCC ACTION The BOCC considers the recommendation of the LUHO at a public meeting. The BOCC can, by law, consider only the record of the proceedings before the LUHO. Additional evidence requests and oral argument requests may be filed pursuant to the criteria in the LDC. The BOCC will consider the requests and may grant them if the appropriate criteria are met by the party making the requests (see Sections III and IV below). C. Information Concerning the Process. Hard copies of the forms are available from, and questions can be directed to, those listed below: 1. Hillsborough County Neighborhood Liaison, 601 E. Kennedy Blvd., 20 th Floor, P.O. Box 1110, Tampa, FL ; telephone: (813) Hillsborough County Development Services Department, 601 E. Kennedy Blvd., 20 th Floor, P.O. Box 1110, Tampa, FL ; telephone: (813) Hillsborough County Clerk, BOCC, 419 Pierce St, Room 140; P.O. Box 1110, Tampa, FL ; telephone: (813) , ext Hillsborough County Attorney, 601 E. Kennedy Blvd., 27 th Floor, P.O. Box 1110, Tampa, FL ; telephone: (813) III. ADDITIONAL EVIDENCE REQUEST A. Additional evidence may be allowed by the BOCC provided that: 1. Through the exercise of due diligence it could not have been discovered in time to be presented to the LUHO, and/or 2. The witness could not appear at the public hearing for good reasons beyond his/her control. G/GIS -team/normasfiles/publications/prtyrec2.pkt.doc (Revised: 12/15/15)

5 B. Requests for the submittal of additional evidence must be submitted on the appropriate forms (see Appendix) within ten (10) calendar days after the date of the filing of the LUHO's recommendation. A copy of the request shall be maintained by the Administrator in a Master File available to the public and the BOCC. IV. REQUEST FOR ORAL ARGUMENT A. Requests of Oral Argument may be allowed in those instances where the BOCC finds discussion is necessary to: 1. Resolve ambiguities (uncertainties) in the record of the LUHO public hearing, or 2. Understand the relevancy of additional evidence submitted. B. Requests for Oral Argument must be filed on the appropriate forms (see Appendix) within ten (10) calendar days after the date of the filing of the LUHO's recommendation. A copy of the request shall be maintained by the Administrator in a Master File available to the public and the BOCC. V. APPENDIX Following are forms available from the Administrator and, when completed, must be submitted to the Clerk to the BOCC. G/GIS -team/normasfiles/publications/prtyrec2.pkt.doc (Revised: 12/15/15)

6 ADDITIONAL EVIDENCE REQUEST ANYONE WHO WISHES TO SPEAK BEFORE THE BOARD OF COUNTY COMMISSIONERS MUST FILE A "REQUEST FOR ORAL ARGUMENT" FORM. Petition No. Land Use Hearing Officer Hearing Date Board of County Commissioners Date Date of Submittal Name Address City State Zip Telephone Number: Additional evidence not presented at the Land Use Hearing Officer's public hearing may be considered by the Hillsborough County Board of County Commissioners. The Additional Evidence Report shall be filed with the Clerk of the Board of County Commissioners within ten (10) calendar days after the date of filing of the Land Use Hearing Officer's recommendation. The Clerk's office is located at 419 Pierce St, Room 140; P.O. Box 1110, Tampa, FL ; telephone: (813) , ext A copy of said request shall be maintained by the Administrator in a Master File available to the public and the Board of County Commissioners. Additional evidence may be either documentary and/or testimonial in nature. If testimonial, a summary of the testimony shall be provided. Such additional evidence may be considered only where the following criteria are met: 1. Through the exercise of due diligence, it could not have been discovered in time to present same to the Land Use Hearing Officer, and/or 2. The witness could not appear at the public hearing for good reason beyond his/her control. DNKL5:PTRYREC2.doc (Revised: 12/15/15)

7 Persons shall not be required to submit this form when submitting additional evidence for DRI public hearings before the Board of County Commissioners or for petitions initiated by the Board of County Commissioners or the Administrator. Please state below in one paragraph or less the reason(s) why the evidence could not have been presented at the public hearing or why the witness could not appear at the hearing (attach additional sheets if necessary). Please state the nature of the additional evidence (attach additional sheets if necessary). If the additional evidence is documentary, please attach copies to this form. If testimonial, a summary presenting the evidence must be attached to this form. Examples of documentary evidence are consultant reports, text excerpts, photographs and maps. THE HILLSBOROUGH COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTED LOBBYING ORDINANCE NO , AS AMENDED. PRIOR TO MEETING PRIVATELY WITH A BOARD MEMBER, COUNTY ATTORNEY, CHIEF ASSISTANT COUNTY ATTORNEY, COUNTY ADMINISTRATOR, ANY ASSISTANT COUNTY ADMINISTRATOR OR ANY DEPARTMENT HEAD, YOU MAY BE REQUIRED TO REGISTER AS A LOBBYIST. HILLSBOROUGH COUNTY DEVELOPMENT SERVICES DEPARTMENT DNKL5:PTRYREC2.doc (Revised: 12/15/15)

8 Petition No. _ AFFIDAVIT FOR SUBMITTAL OF ADDITIONAL EVIDENCE (TESTIMONIAL) State of Florida County of Hillsborough Before me, the undersigned authority, personally appeared first duly sworn, did depose and say:, who being _ Petitioner's Signature STATE OF FLORIDA COUNTY OF HILLSBOROUGH The foregoing instrument was acknowledged before me this (DATE) by _ who: 0 Personally known to me 0 Florida driver's license 0 Other type of identification: and who: 0 did 0 did not take an oath. (Signature of person taking acknowledgment) _ Type or Print Name of Notary Public _ Commission Number _ My Commission Expires FNKL5:PTRYREC2.PKT Page 1 of 1 (Revised: 12/15/15)

9 REQUEST FOR ORAL ARGUMENT HILLSBOROUGH DEVELOPMENT SERVICES DEPARTMENT ANYONE WHO WISHES TO SPEAK BEFORE THE BOARD OF COUNTY COMMISSIONERS MUST FILE A "REQUEST FOR ORAL ARGUMENT" FORM. Petition No. Land Use Hearing Officer Hearing Date Board of County Commissioners Date Date of Submittal Name Address City State _ Zip Telephone Number Any Party of Record wishing to present oral argument before the Board of County Commissioners shall file this form with the Clerk of the Board of County Commissioners within ten (10) calendar days after the date of the filing of the Land Use Hearing Officer's recommendation. The Clerk's Office is located 419 Pierce St, Room 140; P.O. Box 1110, Tampa, FL ; telephone: (813) , ext A copy of this request shall be maintained by the Administrator in a Master File available to the public and the Board of County Commissioners. FNKL5:PTRYREC2.PKT Page 1 of 2 (Revised: 12/15/15)

10 ALL ORAL ARGUMENT REQUESTS MUST MEET AT LEAST ONE (1) OF THE FOLLOWING CRITERIA. PLEASE CHECK THOSE WHICH APPLY: 1. To submit oral argument to resolve ambiguities in the record of the Land Use Hearing Officer public hearing. 2. To submit oral argument concerning an additional evidence request. 3. To submit oral argument concerning a mistake in the Land Use Hearing Officer s recommendation. 4. To submit oral argument concerning a matter introduced in the record of the Land Use Hearing Officer hearing that was not addressed in the recommendation. Please include in the space provided below a detailed statement setting forth the reason(s) why the Board of County Commissioners should approve the request for oral argument. The statement must clearly address how the request for oral argument meets at least one of the four criteria listed above and must indicate the matters to be discussed if the request for oral argument is approved. The content of testimony shall be the same as the content of testimony submitted verbally or in writing to the Land Use Hearing Officer. At Development of Regional Impact public hearings, or at hearings for petitions initiated by the Board of County Commissioners or the Administrator which are before the Board of County Commissioners, any person desiring to speak shall not be required to submit this form with the Clerk. THE HILLSBOROUGH COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTED LOBBYING ORDINANCE NO , AS AMENDED. PRIOR TO MEETING PRIVATELY WITH A BOARD MEMBER, COUNTY ATTORNEY, CHIEF ASSISTANT COUNTY ATTORNEY, COUNTY ADMINISTRATOR, ANY ASSISTANT COUNTY ADMINISTRATOR OR ANY DEPARTMENT HEAD, YOU MAY BE REQUIRED TO REGISTER AS A LOBBYIST. FNKL5:PTRYREC2.PKT Page 2 of 2 (Revised: 12/15/15)